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HomeMy WebLinkAboutMinutes BZA 01-27-03gIVIV�'�' of CAq`� C i ty of arme Carmel /Clay Advisory Board of Zoning Appeals Monday, January 27, 2003 The regularly scheduled meeting was held at 7:00 PM in the Council Chambers of Carmel City Hall on January 27, 2003. Those members in attendance: Leo Dierckman, Michael Mohr, Pat Rice, Earlene Plavchak and Charles Weinkauf, thereby establishing a quorum. Department of Community Services Staff in attendance: Planning Administrator Laurence Lillig, Department Director Michael Hollibaugh and Building and Code Enforcement Officer Adrienne Keeling. John Molitor and Judy Hester, Legal Counsel, were also present. Mrs. Rice moved to approve the minutes from October 28, 2002, November 25, 2002 and December 19, 2002 meetings. The motion was seconded by Mrs. Plavchak and APPROVED 5 -0. Mr. Molitor reported the Board conducted an Executive Session prior to this meeting to discuss pending litigation. There has been a new lawsuit filed against this Board by Martin Marietta. He recommended a discussion following this meeting with regard whether to engage additional counsel to assist in handling that matter. Tonight there is a settlement proposal before the Board with respect to the lawsuit filed by Sprint and Judy Hester will present it. Judy Hester represents the Board, the City and the Director in the litigation initiated by Sprint. The litigation involves a permit that was requested by Sprint in order to convert a ham radio tower into a cell tower and to include an equipment shelter and access drive. The permit was issued and then revoked. Construction had started on the equipment shelter. An adjacent neighbor, Mr. Deer, intervened in that lawsuit. In an attempt to resolve the dispute, all the attorneys, Mr. Deer, and the Director have engaged in negotiations to try to reach some resolution. The document tonight has resulted from those negotiations. The decision by the Board will be whether to enter into that agreement which would terminate the litigation. The current ham tower is 135 feet tall, has antenna arms 22 feet on either side and guy wires. The placement of the current ham tower is on the east side of the property, the Zamber's site. The proposal is to erect a low- profile monopole antenna. It would be on the west side of the property. That is to take it out of the view of the adjacent neighbors. It would be in- between the tree line and foliage along Ditch Road. There would be nine mature trees planted by Sprint for camouflage. There would be no arms off of the tower and no guy wires. It would be 127 feet with an eight -foot lightening rod at the top. The antennae are flush mount. Once this new tower was erected, the ham radio tower, the partially constructed equipment shelter and the access drive on the east side would be taken down. There are restrictions Dr. Zamber has agreed to sign that will run with the property. There will be two flush -mount antennae on the monopole and there could be no more than two cell providers for the life of the tower. He has also agreed not to apply for any additional towers on the property. There are two options before the Board with regard to the Consent Judgment, which is the document that resulted from the negotiations. One would be a vote to enter into the agreement in order to terminate the litigation. It has been the Board's practice and intention not to allow any cell towers to be constructed without an Page 1 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 2 of 16 application for Special Use and a hearing. If the Board determines it will enter into this agreement, it is because of its desire to terminate the litigation and is not any communication that it will change its future practice and intention to require Special Uses to be applied for. The other option for the Board is not to enter into the Agreement. From that it could proceed to trial. If the Board were successful, the ham radio tower would remain while someone within the home has a ham license or until they abandon their intention to use it as a ham radio tower. If the City is unsuccessful and Sprint is successful, the tower would remain and Sprint would be able to convert the ham radio tower into a cell tower. If you have any questions, the Sprint attorney and Sprint representative are here, as well as Mr. Deer and his attorney. Election of Officers: Mr. Weinkauf nominated Michael Mohr for President, seconded by Mrs. Rice. Mr. Weinkauf moved to close the nominations, seconded by Mrs. Rice. Michael Mohr was elected President of the Board by Unanimous Consent. Mr. Weinkauf nominated Pat Rice for Vice President, seconded by Mrs. Plavchak. Mr. Weinkauf moved to close the nominations, seconded by Mrs. Plavchak. Pat Rice was elected Vice President of the Board by Unanimous Consent. Department Report was given by Mr. Lillig. The Public Hearing for Item Ij. Bauer Commercial Park Motorcycles of Indianapolis (V- 181 -02) was closed at the October Board of Zoning Appeals meeting and should have appeared under Old Business on this agenda. There is no reason to re -order the agenda. If the Board would like to take additional input, the Board does have that option. Items 5 -17j. Carmel/Clay Schools Carmel High School (SUA- 194 -02; V- 195 -02 through V- 206 -02) have been tabled to the February meeting. Mr. Mohr opened for discussion Item Ii. Ii. WTF Sprint Spectrum (A- 111 -01) Board to consider and take public input on proposed Consent Decree to resolve Case No. IP 02 -1133 C T/K before the U.S. District Court for the Southern District of Indiana, contesting the Director's August 23, 2001, decision to revoke Improvement Location Permit No. 627.01b to install a wireless telecommunications antenna on an existing HAM radio tower; the Board's June 24, 2002, decision to grant an appeal (Docket No. A- 97 -01) of the issuance of the Improvement Location Permit; and the Board's July 22, 2002, decision to deny Sprint's appeal of the revocation of the Permit. The site is located at 1388 Queen's Way. The site is zoned S -1 /Residence Very Low Density. Discussion followed. Mrs. Rice asked Mrs. Hester to clarify "convert a ham radio tower into a cell tower Mrs. Hester replied the ham radio tower is a non conforming use and would be used as a cell tower in the future. The new tower would be a ham radio tower to collocate the cell tower. Page 2 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 3 of 16 Remonstrance: Public in Support: Kathy Elliott, representing Richard Deer, the landowner adjacent to the Zamber property on the east side, stated her client is in support of this proposal. The worst case for Mr. Deer would be to collocate on the existing tower. This would put the tower in full view of Mr. Deer's house causing an eyesore that might not have restrictions as with this Consent Judgment. The new proposed cell tower is more aesthetically pleasing and suitable for a residential area. John Flanigan, 11100 Queens Way Circle, President of the neighborhood association. The neighbors have been against this, but Mr. Deer has made the effort legally to stop the collocation on the ham radio tower. The restriction on additional towers would go with the land and he would like that confirmed. Mrs. Hester replied that a memorandum has been drafted and will be filed with the Hamilton County Recorder that the restrictions would run with the land. Public in Opposition: Jeanne Atkins, 1151 W. 116 Street wanted to know if the tower was there when Mr. Deer purchased his home? Also, why does Sprint object to moving the tower a short distance over to Crooked Stick and making the whole neighborhood happy? Nancy Irsay, 1303 W. 116 Street and Mr. Deer's neighbor. She has 40 acres, instead of 5, and does not understand how a commercial tower can locate in a residential area. The short wave radio was put in for personal use. It is inappropriate. Crooked Stick is talking about a tower, which would be only a few blocks away. Mr. Lillig gave the Department Report. He had nothing to add to the report of the Legal Counsel. Mr. Dierckman would like to see the FCC application for Dr. Zamber and the current status of his license to operate a ham radio. Mr. Weinkauf wanted to know when Dr. Zamber's tower was erected as a ham radio tower, what type of procedure does one have to go through to get such a permit, and can anyone in any residential area merely apply to the FCC for such a permit or is there a procedure that needs to be followed going through the City? Mr. Molitor replied that the original FCC license and tower were obtained and built in 1987. The license is for ten years at a time and was renewed in 1997. There were no restrictions on the height of the tower in the 1980's. Under current ordinances, a tower is limited to fifteen feet for ham radio purposes. A person is automatically entitled to get a permit from the City if they have a Federal license. Mr. Dierckman would like to see the actual license. Also, from his understanding, the way grand fathering works, it has to actually be used actively to permit grandfathering. He would like to see Page 3 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 4 of 16 whom Mr. Zamber has been communicating with on a ham radio the last three years or so, versus a cell phone, like everyone else. Mrs. Rice was concerned this was a conversion rather than collocation. The ordinances do not allow for a conversion of some tower to a cell tower without approval of an application. Ms. Elliott stated that the tower was there when Mr. Deer built his house. Mr. Dierckman questioned if there is a legitimate right to have the tower to begin with? That has not been determined. Mrs. Rice wanted to know why Sprint was not looking at Crooked Stick Golf Course. It seems like an obvious place. Thomas Bedsole, Locke Reynolds, attorney for Sprint, stated the issue of Crooked Stick towers remains pending. There are no existing towers to collocate. It is not a viable option right now. Mr. Weinkauf stated that Sprint is willing to build a new tower just a short distance from the Crooked Stick property, but not really interested in looking at that as a viable option. Rather the interests are more along the area of pursuing this lawsuit and the efforts to overturn the decision that was made. He didn't understand that type of logic. Mr. Dierckman asked if the lease payments to Dr. Zamber are contingent upon the approval of a cell tower or has that commitment already been made to make the lease payments? Mr. Bedsole stated the commitments have been made. Mrs. Rice asked Mrs. Hester about exhausting all options. The idea of the tower being someplace in the community which is viable, is that an option? Can the Board consider that as an option? Mrs. Hester stated the decision tonight is whether or not to enter into this Consent Judgment. If the Board enters into it, it terminates the litigation and the current ham radio tower comes down when the new one goes up. Mr. Mohr restated the question. Just moving it two miles down the road, is that a viable option for the Courts to look at? Mrs. Hester stated it could be an issue when it is in litigation. Mr. Dierckman stated that based on the lack of evidence that specifically indicates in writing that it is a legitimate tower; he moved to table the decision. Mr. Weinkauf wanted to explain quickly to the public. This Board struggled over the years to put into place an ordinance to regulate where cell towers could be placed in the community. All this Board wanted was Sprint to come before this Board to seek approval for this tower. Tonight is not about where to place this tower. This proposal violates the principle of where to place the towers. If Page 4 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 5 of 16 a viable option is a short distance away, it goes against what he has voted for in other cell tower cases. This is not an easy situation. Discussion followed regarding a copy of license, Dr. Zamber's handle, and its viability and current use. Mrs. Hester stated that Sprint had represented to her that they do have copies of all the licenses, but she has not seen them and the copies are not here tonight. Mrs. Rice asked about the present ordinance limiting cell towers to 120 feet and this one will be 127 feet plus an eight -foot lightening rod. If so, this hasn't been dealt with. Mr. Lillig stated that it is 120 feet in a residential district. Public Hearing was re- opened. Pubic in Opposition: Todd Goldstein, 1395 Queens Way, across the street from Dr. Zamber's property. There seems to be viable alternatives. The ham radio tower that is there now is a hobbyist radio tower, not a commercial tower. If the hobbyist discontinues or moves, the radio tower comes down. If it is converted to a cell phone tower, that would be an impossibility. He was not aware of the Crooked Stick alternative. They may have the same concerns as the residents in Queens Manor area. A viable alternative is the school across the street from Crooked Stick West. It would not affect property value of the school, and lease payments could go to School Board. Public Hearing closed. Mr. Dierckman stated his motion to table the vote on the Consent Degree would allow time to find out if it was a legitimate tower constructed with a building permit and a license in place and also to prove if it is actually being used. Mrs. Rice seconded the motion to Table the vote on the Consent Degree. The motion to table was APPROVED 5 -0. 2i. Rules of Procedure Board to consider amendment to Article VII, Section 7, of the Rules of Procedure. Mr. Lillig stated this was the second Rules Change. Last month a Rules Change was adopted to Article VIII, Section 7. This Rule Change is to Article VII, Section 7. Mr. Molitor stated this change covers a situation where there may be an amendment to a zoning ordinance that has been certified to the City Council and that amendment would have the effect of taking an item out of the BZA's jurisdiction and giving it to the Plan Commission or the City Council. The amendment allows the Board to take the action of tabling the application that is before the Board until the Ordinance Amendment can be adopted by the City Council. It doesn't say that it Page 5 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 6 of 16 is permanently delayed, only that the Board is waiting to see what the City Council does to see if it takes it out of the BZA's jurisdiction. Discussion followed regarding the need for such an amendment to table decisions, since the Board already has the authority to table items. No motion was made, therefore the motion died from lack of support. J. Public Hearing lj. Bauer Commercial Park Motorcycles of Indianapolis (V- 181 -02) Petitioner seeks a Development Standards Variance of Section 14.04.02(2) in order to construct a building addition with a thirty -foot front yard building setback along Bauer Drive East. The site is located at 4146 East 96 Street. The site is zoned B -3 /Business. Filed by Bill Keller of KES Consultants, Inc. for Motorcycles of Indianapolis. This item should have been under Old Business, but was heard at this time. Present for the Petitioner: Bill Keller, 740 E. 52 Street, Indianapolis. The setback required is 60 feet. The request is for a 30 -foot setback to allow for an addition of 200 square feet. This addition will be for offices for Motorcycles of Indianapolis and Dellen Automotive Group. They are working with the Plan Commission to work out details of some other parts of the project and the landscaping. This item was reopened for Public Hearing. Members of the public were invited to speak in favor of or opposition to the petition. No one appeared and the public hearing was closed. Mr. Lillig gave the Department Report. At the January Plan Commission meeting, the Plan Commission did approve the Development Plan aspect of the petition. The ADLS was sent back to the Special Studies committee for further consideration with regard to canopies. The Urban Forester and the Plan Commission with need copies of the new landscape plan. The Department is recommending favorable consideration with two conditions. First, is that the seventy -five foot half right -of -way for East 96 Street will be dedicated in accordance with the Thoroughfare Plan. It is currently our belief that this does exist, but the actual recorded instrument is needed for this site. And second, that all Technical Advisory Committee issues will be resolved satisfactorily prior to the issuance of an Improvement Location Permit. Mrs. Rice stated the Plan Commission Committee did recommend approval of this new office addition. Mrs. Plavchak moved to approve, with conditions stated and pending approval of the ADLS, V- 181 -02, Bauer Commercial Park Motorcycles of Indianapolis. The motion was seconded by Mr. Dierckman and APPROVED 5 -0. Page 6 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 7 of 16 2 -4j. Carmel/Clay Schools Smoky Row Elementary (V- 191 -02; V- 192 -02; V- 193 -02) Petitioner seeks the following Development Standards Variances: V- 191 -02 §25.07.02- 5(b)(i) two (2) institutional signs V- 192 -02 §25.07.02- 5(c)(ii) 24- square -foot changeable copy sign V- 193 -02 §25.07.02 -5(d) 6'2" ground sign The site is located at 900 West 136 Street. The site is zoned S -I /Residence Estate. Filed by William E. Payne of Fanning /Howey Associates for the Carmel/Clay School Corporation. Mr. Weinkauf asked, before the petition was presented, if there could be a uniform sign ordinance for all the schools. All the petitions coming before this Board have been the same and are costly for the School Board to prepare each one. Mr. Lillig replied that the Department has on its list of things to do a rewrite of the institutional section of the sign ordinance. Every school, hospital and institutional petition has had to come before the Board. The institutional section of the sign ordinance is very rigid. The Department recognizes the need and plans to address it. However, the Department has other meaty amendments right now and the probability is that that particular section will be addressed in a Patch 5 ordinance during the summer of this year. Present for the Petitioner: Bill Payne, Fanning /Howey, 9025 N. River Road, Indianapolis. The variances are for a proposed new ground sign. He shared a site plan illustrating the location of the sign. He showed the elevation of the ground sign. It is the same prototype as others that have been approved. The School plans to use this prototype for consistency throughout the district. It does exceed height allowable. It would be made up of brick to match the brick on the school and the changeable text area exceeds the allowable area. There is already a sign on the exterior of the building, so the third variance would allow for two institutional signs. Members of the public were invited to speak in favor of or opposition to the petitions. No one appeared and the public hearing was closed. Mr. Lillig gave the Department Report. He stated the sign package is identical to the other elementary schools and the Department is recommending favorable consideration. Earlene moved to approve V- 191 -02; V- 192 -02; V- 193 -02, Carmel/Clay Schools Smoky Row Elementary. The motion was seconded by Mr. Dierckman. Each variance was voted on separately and APPROVED 5 -0. Page 7 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 8 of 16 5 -17j. Carmel /Clay Schools Carmel High School (SUA- 194 -02; V- 195 -02 through V -206- 02) Petitioner seeks Special Use approval to construct a 173,000- square -foot Freshman Center addition to the existing high school. Petitioner also seeks the following Development Standards Variances: V- 195 -02 §25.07.01 -2 12- square -foot traffic directional sign A V- 196 -02 §25.07.01 -2 5- square -foot traffic directional sign B V- 197 -02 §25.07.01 -2 6- square -foot traffic directional sign C V- 198 -02 §25.07.01 -2 19.5- square -foot traffic directional sign D V- 199 -02 §25.07.01 -2 four -foot (4) traffic directional sign D V- 200 -02 §25.07.02- 5(b)(i) eight (8) institutional signs V- 201 -02 §25.07.02- 5(b)(ii) two (2) changeable copy signs V- 202 -02 §25.07.02- 5(c)(i) 29.25- square -foot institutional wall sign V- 203 -02 §25.07.02- 5(c)(i) 24.5- square -foot institutional wall sign V- 204 -02 §25.07.02- 5(c)(ii) 24- square -foot changeable copy sign V- 205 -02 §25.07.02 -5(d) 62" institutional ground sign V- 206 -02 §8.04.01 57 -foot building height The site is located at 520 East Main Street. The site is zoned R -2 /Residence. Filed by William E. Payne of Fanning /Howey Associates for the Carmel/Clay School Corporation. These items were tabled to the February 24, 2003 meeting, per the Petitioner's request. 18j. West Carmel Center, Block A, Lot 4 West Carmel Shoppes (V- 207 -02) Petitioner seeks a Development Standards Variance of §23C.10.02(2) of the US 421/Michigan Road Overlay Zone requirements in order to forego installation of foundation plantings along the east side of the building. The site is located at 4335 West 106 Street. The site is zoned B -3 /Business within the US 421/Michigan Road Overlay Zone. Filed by Blaine J. Paul of American Consulting, Inc., for Glendale Partners, LLC. Present for the Petitioner: Blaine Paul, American Consulting, Inc., 7260 Shadeland Station, Indianapolis. The landscaping was not installed per the original ADLS submittal. This is for the strip center on the east portion of the site. The Urban Forester did a site inspection in November 2002. It was determined at that time that the landscaping was not installed according to the original plan approved by the Plan Commission. He shared an "as built" landscape plan. It is approximately fifty percent complete. At the December Special Studies meeting, the owner stated they would like to bring the landscaping up to code. Mr. Paul shared the revised plan. The largest difference between the original plan and the new plan is the foundation plantings along the east side of the building. The area has asphalt pavement, leaving no room for the shrubs. These plants were proposed to screen the east adjoiner from the rear of the building. The proposal is to "beef up" the proposed plants in the green space between Commerce Drive and the rear of the existing strip center. There would be 19 additional trees. Members of the public were invited to speak in favor of or opposition to the petition. No one appeared and the public hearing was closed. Page 8 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 9 of 16 Mr. Lillig gave the Department Report. He stated the revised landscape plan has been granted approval by the Plan Commission Special Studies Committee and the Department is recommending favorable consideration consistent with the Plan Commission's approval of Docket 173 -02 ADLS Amendment. Mrs. Rice moved to approve V- 207 -02, West Carmel Center, Block A, Lot 4 West Carmel Shoppes. The motion was seconded by Mrs. Plavchak and APPROVED 4 -1, with Mr. Weinkauf casting the opposing vote. A five minutes recess was taken. 19 -21j. University High School (SUA- 212 -02; V- 213 -02; V- 214 -02) The petitioner seeks Special Use approval in order to construct an addition to the existing high school and install twelve (12) modular classrooms. Petitioner also seeks approval of the following Development Standards Variances: V- 213 -02 §25.07.02- 5(c)(i) 110.5- square -foot institutional ground sign V- 214 -02 §25.07.02 -5(d) 8' 6" institutional ground sign The site is located at 2925 West 116 Street. The site is zoned S -1 /Residence Very Low Density. Filed by William E. Wendling, Jr., of Campbell Kyle Proffitt for University High School of Indiana, Inc. Present for the Petitioner: Bill Wendling, Campbell Kyle Proffitt, 650 East Carmel Drive, Carmel. The site plan was shared. This Special Use is for expansion of the facilities. The softball diamond will be replaced with six tennis courts. The building will be enlarged and twelve modular classrooms added. The donated sign is already erected, but did not receive a sign permit. The sign is located back from the street and they have had no complaints. A picture was shown. Members of the public were invited to speak in favor of or opposition to the petitions. No one appeared and the public hearing was closed. Mr. Lillig gave the Department Report. The Department is recommending favorable consideration of SUA- 212 -02 with two conditions. First, that the 70 -foot half right -of -way for West 116 Street shall be dedicated across the entire frontage of the several properties and that recorded copies of the right -of -way dedication shall be filed with the Division of Planning Zoning prior to the issuance of an Improvement Location Permit for this project; and second, that all Technical Advisory Committee comments shall be satisfactorily addressed. The Board has received a copy of the letter from the Urban Forester, Scott Brewer, regarding the revised landscape plan for this project. He has outlined several items that need to be revised and brought up to code on that plan. Also, the Board received a copy of Mr. Wendling's communication that outlines the various Technical Advisory Committee issues that remain outstanding and the agreement to act on those items. The Department recommends favorable consideration of the sign variance requests. This is not the original sign that was proposed in Docket SU -8 -00. That sign was on a knee -wall that projected out parallel to 116 Street off the gymnasium classroom building. The City has not received any complaints about the existing sign. It meets the setback. The street address needs to be permanently displayed somewhere on the building or sign. Page 9 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 10 of 16 Mr. Wendling stated that one of the requirements of the Technical Advisory Committee is that of sidewalks. They would like to put sidewalks in at a later date. Mrs. Rice asked about a time limit for modular classrooms? Mr. Lillig stated that nothing is required in the ordinance, but could be required by the Board. Discussion continued pertaining to time limits for the modular classrooms. Mr. Lillig wanted to address the sidewalk issue. The Department understands the Petitioner's request to delay the sidewalks. But, as the Board is aware, the West side of Carmel /Clay is a rapidly developing area. It is the feeling of the Department that the asphalt path should be in place at this time. Many paths have been installed in the vicinity. The original Special Use for this project in 2000 already forestalled the installation of that path. The Commitment to install sidewalks was never executed in 2000. Technically, the sidewalks should have been installed at that time with the original plan. The Department feels now is the time to put in the sidewalks. If the Board is inclined not to, then that Commitment should be executed and not fall through the cracks this time. As subdivisions develop in the area, there will be more conflict between foot and automobile traffic. Discussion followed regarding the sidewalks in the area. Mrs. Plavchak moved to approve SUA- 212 -02; V- 213 -02; V- 214 -02, University High School, with conditions and the stipulations that the modular classrooms have the approval for three years and that the sidewalks be installed in three years. The motion was seconded by Mr. Weinkau£ SUA- 212 -02, V- 213 -02, and V- 214 -02 were each APPROVED 5 -0. 22 -24j. Hamilton Crossing West, Building 6 (V- 215 -02; V- 216 -02; V- 217 -02) Petitioner seeks approval of the following Development Standards Variances: V- 215 -02 §23B.08.01(c) 545' from build -to line V- 216 -02 §23B. 12(A) parking forward of principal building V- 217 -02 §25.01.02(B)(3) accessory building forward of principal building The site is located at 13085 Hamilton Crossing Boulevard. The site is zoned B- 5 /Business within the US 31/Meridian Street Overlay Zone. Filed by John K. Smeltzer of Bose McKinney Evans for Duke Realty LP. Present for the Petitioner: Blair Carmosino, Duke Realty Corp., 600 East 96 Street, Indianapolis, IN. This is the sixth building in the development. It is a proposed 180,000 square foot, five story, single tenant building with an associated parking structure. They have worked with the adjacent property owners and adjustments have been made for the lighting and screening. The three variances are a function of the geometry of the site. The property will be honoring the proposed ramp reservation for right -of -way for U. S. 31 and 131st Street; therefore, it reduces the 90 -foot build -to setback requirement. The second variance is to allow parking between the building and the 90 -foot setback. The third variance seeks relief for the minimum front yard setback to allow a parking structure and a dumpster location at the building. Site plans were shown. Page 10 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 11 of 16 Members of the public were invited to speak in favor of or opposition to the petitions. No one appeared and the public hearing was closed. Mr. Lillig gave the Department Report. At the January 21 meeting, the Plan Commission approved 157 -02 DP Amend /ADLS for this site. The Department is recommending favorable consideration consistent with the Plan Commission's approval of the aforementioned item. Mrs. Rice move to approve V- 215 -02; V- 216 -02; V- 217 -02, Hamilton Crossing West, Building 6. The motion was seconded by Mrs. Plavchak and APPROVED 5 -0. 25 -26j. Northview Christian Life Church (SUA- 218 -02; V- 219 -02) The petitioner seeks Special Use approval in order to construct additions to the existing church and erect a new youth center. Petitioner also seeks approval of a Development Standards Variance of §5. 04.01 in order to allow the addition to be 40' 6" in height. The site is located at 5535 East 131 Street. The site is zoned S -1 /Residence Low Density. Filed by James J. Nelson of Nelson Frankenberger for Northview Christian Life Church. Mr. Mohr recused himself, as his employer may be involved in financing this project. Mrs. Rice presided and read the petitions. Present for the Petitioner: Charlie Frankenberger, 5212 Carrington Circle, Carmel, practicing law with Nelson Frankenberger. This is for an approval to an amendment to an already existing Special Use for the church and also for a height variance. This church occupies approximately 80 acres and would like to make additions to the children's area, the establishment of a narthex and resource refreshment center, youth worship and recreation center, including new basketball and volleyball courts, and a maintenance building. The height variance is for clear cylindrical structure in the center of the children's wing and for the curved parapets. All concerns of the Technical Advisory Committee have been addressed and the suggestions of the Urban Forester, Scott Brewer, have been incorporated and the landscaping is to his satisfaction. A model was shown. Remonstrance: Public in Opposition: Jay Heck, 12685 Timber Crest Bend, which backs up to the church property. He expressed concerns with the aesthetic view from their property and value of their property. Diane Braun, 12679 Timber Crest Bend, property also backs up to the church property. She expressed concern about the zoning laws for buildings of this height. She was concerned about the purpose and use of the youth center. She questioned the noise level from concerts. Also, she wanted to know which parts of the new construction would be forty feet tall. Page 11 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 12 of 16 Rebuttal: Mr. Frankenberger replied that the height variance is for clear structure, which is 40 feet in height and the curved parapets, which are 35 feet 10 inches in height. Dan Ware, Interdesign, 141 East Ohio Street, Indianapolis, stated the curved parapets are short parapet extensions that occur four places on the roof. The clearstory tower to allow natural lighting extends to a height of 40 feet 6 inches. The original church variance allowed the church to be 60 feet in height. The addition will be two stories in height and will be abutting a three story building. Mr. Frankenberger stated there is a significant distance between the homes to the south and the buildings. Mr. Ware stated it is approximately 800 feet from the south property line to the south side of the maintenance building and the distance from the south property line to the south wall of the proposed youth building is approximately 1000 feet. Mr. Frankenberger stated the youth center is a worship and recreation center for the youth of the church who enjoy having a separate building for their activities. These are the same activities that occur in the youth barn. The addition does not signify an increase in activity or intensity of activity, but relocation to a more enjoyable place. Senior Pastor Steve Poe stated the church has never received complaints about noise. Outdoor activities are limited to 11:00 PM. There are no outdoor speakers. Public Hearing was closed. Mr. Lillig gave the Department Report. The Department recommends favorable consideration with the condition that all TAC issues be resolved satisfactorily. To his knowledge, all TAC issues have been resolved. Mr. Dierckman asked about the landscaping to address the neighbors' concerns. Mr. Ware reported that his office provided the landscape design and worked with Scott Brewer to make sure the plan was suitable. They did not try to hide the buildings, but tried to make the landscaping favorable to everything in the community. Plantings are on all sides of the buildings to provide screening. There is a good natural buffer on the south property line in the summer months. Discussion continued regarding the landscaping and the noise level from the youth activities. It was decided the noise ordinance would address excessive noise. Mrs. Rice asked about the building materials. Mr. Ware explained the youth center main entrance is a glass enclosure from floor to roof. The building itself is very similar to the base of the main church building. Above that will be metal Page 12 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 13 of 16 siding in a neutral gray and the roof is a standing seam roof. The parapets are curved to break up the building. They have worked to have good proportion on the exterior wall between the masonry units and the metal siding above. The south side has a deck area, which has exterior walls of poured concrete with a vertical form line which represents a split -face masonry to match the rest of the building. The maintenance building has the same metal siding and roof as proposed for the youth building. Mr. Weinkauf moved to approve SUA- 218 -02; V- 219 -02, Northview Christian Life Church. The motion was seconded by Mrs. Plavchak and APPROVED 4 -0. Mr. Mohr rejoined the meeting. K. Old Business 1 -2k. Carmel/Clay Schools Clay Junior High (SUA- 160 -02; V- 166 -02) Petitioner seeks approval of a Special Use Amendment under Section 5.2: Special Uses in order to construct a 67,976- square -foot addition to Carmel Junior High. In addition, the petitioner also seeks the following Development Standards Variance: V- 166 -02 §5.4.1 45' 4" auditorium height The site is located at 5150 East 126 Street. The site is zoned S -1 /Residence Low Density. Filed by William E. Payne of Fanning /Howey Associates for the Carmel/Clay School Corporation. Present for the Petitioner: Bill Payne, Fanning /Howey Associates, 9025 N. River Road, Indianapolis. He gave some background information and stated they had met with neighbors and discussed compromises. These additions and renovations proposed are part of a very large initiative started in December 2000 with a School Board workshop. It was brought to the community at the Board of Education meeting in January 2001. A Superintendent's committee made up of citizens was commissioned to study the appropriate response to growth in the schools and how this would be manifested through a number of projects at their facilities. The new middle school template has been applied to both Carmel and Clay Junior Highs for the best facility for a junior high. The new square footage added on all sides of the building will correspond to the educational programs housed within and maximize green space. This site plan shows some modifications from the last one. At the neighborhood meeting on January 13 with representatives from Carrington and neighbors immediately to the west, these modifications were discussed. An expansion to the south of the storm detention area, which houses a nature lab space, will be enclosed with mounding, plantings and extended fencing. The existing tree line will not be impacted. The overall site plan has been developed with significant landscaping materials enhancing around the entire school facility. A reconfiguration of the road has been made. Three neighboring residences most impacted by the auditorium addition and another affected by the bus facility were most concerned about visual effect from the height of the auditorium, lighting, and noise from the buses and vehicles. The face of the proposed auditorium is approximately 157 feet from the property line. Darker bricks will be used on the upper register of the auditorium to break down some of the visual massing and make it more interesting. The access road will be located further to the east with an added continuous five to six foot mound Page 13 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 14 of 16 and a denser planting of spruce trees. Re- orienting the auditorium would cause additional costs of $400,000 plus. Moving the auditorium to the north or south side of the building will significantly increase the cost because it would not have a relationship with the cafeteria for pre function space. This pre function space would need to be duplicated for an amount well in excess of $400,000. Mr. Lillig gave the Department Report. The Department has not received full -size copies of this proposal. The Urban Forester has not been provided a copy of this revised plan for his comments. A response has not been received from the Department of Engineering. It looks like it is moving in the right direction. The lighting issue is improved. A sheet has not been received stating flat lenses will be used. The Department is recommending favorable consideration with several conditions: 1. That the five feet of additional right -of -way for East 126 Street be dedicated off the south property line adjacent to the existing forty-foot half right -of -way. 2. That the four -foot concrete sidewalk along East 126 Street be replaced with the ten -foot asphalt path required by the Alternative Transportation Plan. That the eastern middle curb cut be closed. 4. That the lighting standards on the west side of the west drive are limited to fifteen feet in height, and that the fixtures are shielded. 5. That any new perimeter fencing is located such that the existing tree lines remain undisturbed. 6. That all Technical Advisory Committee issues are resolved satisfactorily prior to the issuance of an Improvement Location Permit. Discussion followed regarding the lighting issues. Mr. Mohr opened the Public Hearing. Remonstrance: Public in Favor: Richard Wolcott, 5180 Carrington Circle, Carmel. His property shares 180 feet property line on the east side of the school property. He had concerns regarding the fence and he felt his concerns had been addressed and he was happy with the proposal. Public in Opposition: Jenny Deheer, 5077 T C Steele Lane, Carmel. She had two arguments against the auditorium. She thought it should be built within the existing zoning laws. She was also concerned with the loss of windows and green space for children. She showed a chart indicating the losses. Gerhardt Pohl, 12982 Limberlost Drive, Carmel. He felt things were going in the right direction and appreciated the neighborhood meeting with the school board, especially those who do not have children of that age. The view as one immediately enters off 126 Street into the Mohawk Page 14 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 15 of 16 Crossing neighborhood is very direct through the parking lot. That will be hampered with the landscaping and this new large structure. Mr. Weinkauf wanted to know how many acres of outdoor open green space exists at the school with the athletic facilities, space to east of school, etc. Steve Dillon, Principal Clay Junior High School, 70 Chesterfield Drive, Noblesville, IN. He reported there is approximately 40 acres at this site. The school population will be smaller after the new Junior High is built. There are six lunch periods, which will have fewer students during each period, and they will still have outside access from the cafeteria. Some lighting will be lost in the cafeteria area, but overall the lighting is being increased. Mr. Payne reported there will be windows along the north side, natural light will be provided into the band areas, the cafeteria and wherever possible. The clear story that runs along the commons will be kept. The new media center, special education areas, multi -use areas as well as administrative offices will have much more windows along the south side. The clearstory lighting will be extended into the interior of the building, increasing the lighting within the building. Mr. Weinkauf moved to approve SUA- 160 -02 and V- 166 -02, Carmel/Clay Schools Clay Junior High with the stipulations stated by Mr. Lillig. The motion was seconded by Mrs. Plavchak. Mr. Pohl wanted to confirm that the revised landscape plan was part of the stipulations. Mr. Lillig stated the revised landscape plan is part of the record and will be reviewed by the Urban Forester. Public hearing was closed. The motion to approve SUA- 160 -02 and V- 166 -02, Carmel /Clay Schools Clay Junior High was APPROVED 5 -0. Mr. Dierckman left the meeting at this time. L. New Business 1L. There was no New Business on the January 27, 2003, agenda of the Board of Zoning Appeals. Mr. Molitor led a discussion regarding the Board engaging another attorney to represent the Board along with him in regards to the Martin Marietta lawsuit. The six lawyers named were: Andy Buroker, Town Attorney in Zionsville; Teresa Decker telecommunications expert from Grand Rapids, Michigan, Bob Eherenman, attorney for Allen County Plan Commission, Gene Lausch, former Director of Department of Metropolitan Development in Indianapolis, Jack Page 15 Carmel/Clay Advisory Board of Zoning Appeals January 27, 2003 Page 16 of 16 Lawson from Ft. Wayne who is the consultant for the Zionsville Plan Commission, and Les Shively from Evansville who is currently the Chairman of the Land Use and Zoning section of the State Bar Association. He stated that Mr. Mohr remembered that it was Mr. Lausch that the Board had discussed. Mr. Molitor would call Mr. Lausch to attend the next Executive Session. He also suggested a daytime Executive Session to meet Mr. Lausch and to review the Sprint matter. Mrs. Rice moved to ask Mr. Molitor to contact Gene Lausch. The motion was seconded by Mrs. Plavchak and APPROVED 4 -0. Discussion followed on discussing Martin Marietta in open session or in an executive session. Mr. Molitor stated that Martin Marietta could be discussed in open session, but the Executive Session could not be reconvened and one could not take place after this meeting because Public Notice was not given. M. Adiourn Mr. Weinkauf moved to adjourn. The motion was seconded by Mrs. Plavchak and APPROVED 4 -0. The meeting was adjourned at 10:55 PM. Michael Mohr, President Connie Tingley, Secretary Page 16